Westpac probe resembled a ‘star chamber’

Fair Work has ordered Westpac to compensate and reinstate a sacked worker after finding the bank’s investigation was flawed.

Fair Work ordered the bank to reinstate and compensate the employee it had sacked. Picture: James Croucher

A Westpac probe into allegations against an employee resembled a “star chamber”, the Fair Work Commission has found, ordering the bank to compensate and reinstate the sacked worker.

Commissioner Bernie Riordan found while Westpac had a valid reason for sacking mobile lending manager Ken Deng, in May this year, its investigation into the claims against him was flawed.

He upheld two of eight allegations against Mr Deng including that he used his private email to conduct business for Westpac. But he accepted Mr Deng’s evidence that a number of his Chinese customers distrusted the banking system and would only send information to his private email.

Mr Riordan said Mr Deng’s actions in sending the personal information of two customers to his personal email was “undeniably reprehensible” but did not believe the policy breaches warranted termination.

Mr Deng was summoned to a disciplinary meeting without knowledge of the accusations. The meeting lasted five hours and Mr Deng and his wife, who was his support person, did not have access to any food, tea or coffee, and only allowed two short breaks.

“He was unprepared and unrepresented but provided answers over an arduous five hours whilst being bombarded with 30 to 40 documents ranging from selected emails to thick corporate policies.’’ Commissioner Riordan said.

Finding Westpac had not proffered Mr Deng the “requisite level of procedural fairness”, he said: “the process followed by the respondent resembles that of a star chamber”.

He said a senior investigator with the bank, Amanda King, failed to follow up any of the explanations provided by Mr Deng.

He said an investigation by a bank case manager Aimee Quintal was “simply non-existent”. “Ms Quintal simply adopted Ms King’s report,” he said.

Commissioner Riordan ordered Mr Deng be reinstated to his former position.

While Mr Deng was without pay for 24 weeks, Commission Riordan said he should receive 10 weeks pay, deducting 14 weeks for sending customers personal information to his private email account.